Ashwani Kumar Mishra, J. - (1.) SUPPLEMENTARY affidavit, filed today, is taken on record.
(2.) THIS petition is directed against an order passed by the Additional District Judge, Court No. 3, Mathura, in Land Acquisition Reference No. 15 of 1996, whereby reference proceedings, which had been dismissed in default, has been restored. Proceedings for compulsory acquisition of land were initiated at the instance of petitioner authority, under Land Acquisition Act, 1894 (hereinafter referred to as the 'Act'). A reference under Section 18 of the Act was made to civil court, which got registered as Land Acquisition Reference No. 15 of 1996. It remained pending for a long period and was ultimately dismissed, in default, on 17.5.2005. After a long lapse of more than 8 years, an application under Section 151 CPC was filed by claimant/respondents, seeking revival of reference proceedings, and its adjudication, on merits, on the ground that a reference under Section 18 of the Act could not be dismissed in default, in view of law laid down in Khajan Singh (dead) v. Union of India, : 2002 (2) SCC 242, and that reference court was under an obligation to decide reference on merits. Reference court has allowed this application, vide order dated 31.1.2015.
(3.) SRI S.F.A. Naqvi, Advocate, assisted by Sri R.K. Gupta, submits that copy of restoration filed, after long lapse of time, was not served upon the petitioner or its counsel, and the reference court has restored proceedings of reference, without issuing notice and granting any opportunity of hearing to petitioner. Submission is that reference court is proceeding in under hot haste.;